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Summons and Service

1. The calendar clerk typically prepares the summons within 24 hours of the filing of the complaint. The calendar clerk may delay preparation of the summons if there is an error in the complaint or in the adversary filing procedure or if the filing fee is not paid.

2. The date of the adversary is the date the complaint was filed, not the date of the summons.

3. The judge’s calendar clerk serves the summons to the plaintiff(s) through CM/ECF email notification. NOTE: If the attorney for the plaintiff(s) is not properly listed, the attorney will not receive the summons. A paper copy of this summons will be provided to pro se plaintiff(s).

4. The summons and complaint should be served within 7 days after the date issued under FRBP 7004.

5. If the debtor is a defendant and represented by an attorney, the debtor and the attorney are each served separately under FRBP 7004(g). Do not serve the summons and complaint on the attorney for the debtor(s) unless the attorney represents the debtor(s) as defendant(s) in the adversary proceeding.

6. Pursuant to FRBP 7004(b)(3), if the defendant is a corporation, partnership or other unincorporated association, a copy of the summons and complaint must be served to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant.

7. CM/ECF serves the U.S. Trustee every complaint through automatic email notification. The panel trustee in the bankruptcy case does not need to be served the summons and complaint unless the trustee is a party to the adversary.

8. If the summons is not served within 7 days, the plaintiff(s) may request a reissued summons from the calendar clerk.

9. A defendant(s) has 30 days from the date of the summons to file an answer.